EXPLAINER: What’s next after arrest of Rodrigo Duterte?

DRUG WAR composite image from Inquirer file photos

MANILA, Philippines — A warrant of arrest was served on former President Rodrigo Duterte on Tuesday, March 11, for crimes against humanity in relation to his bloody war on drugs. But what’s next?

Duterte arrived in the Philippines from Hong Kong at 9:20 a.m. It was Prosecutor General Richard Anthony Fadullon who served the notification for a warrant of arrest from the International Criminal Court (ICC).

READ: LIVE UPDATES: Duterte arrested by PNP after ICC issues warrant

Past 11 a.m., Malacañang confirmed that the International Criminal Police Organization (Interpol)-Manila received the official copy of the arrest warrant against Duterte, who was president from 2016 to 2022, at daybreak.

READ: Palace confirms arrest warrant from ICC for Rodrigo Duterte

He is now in the custody of authorities.

As stated in the website of the ICC, “arrest operations are carried out on the basis of a request for arrest and surrender − transmitted by the Registry, in consultation and coordination with the Office of the Prosecutor − to the State(s) on whose territory a suspect might be present.”

GRAPHIC: Ed Lustan/INQUIRER.net

Last Sunday, March 9, Malacañang said it is prepared to cooperate with the Interpol once the ICC issues a warrant of arrest, pointing out that if assistance from the government is needed, “it is obliged to follow.”

READ: Gov’t ‘obliged to follow’ Interpol on Rodrigo Duterte arrest

The ICC said, “The Registry makes certain that the request for arrest and surrender is accompanied by a translation of the arrest warrant and the relevant provisions of the Rome Statute in a language that the suspect fully understands and speaks.”

It stressed that it has jurisdiction over individuals who bear criminal responsibility for the most serious crimes of concern to the international community: war crimes, crimes against humanity, genocide, and the crime of aggression.

What’s next?

“After an arrest, the person is brought before the competent judicial authority in the custodial State, which determines whether the warrant is indeed for the arrested person, and if his or rights have been respected,” said the ICC.

GRAPHIC: Ed Lustan/INQUIRER.net

Once an order for surrender is issued, the person is delivered to the court and held at the Detention Centre in The Hague. The ICC Detention Centre operates in conformity with the highest international human rights standards for the treatment of detainees.

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The ICC, however, stressed that the procedure for surrender to the Court is different from an extradition process. It consists of the transfer of a suspect by a State to the ICC and relies on the national courts to determine that:

• The arrest warrant applies to the person.
• The person has been arrested in accordance with the applicable procedure.
• The person’s rights have been respected.

State authorities are required to inform the Registry when they are ready to commence the surrender procedure. Surrender can take place in the country of arrest or in the Netherlands, where the Court’s Detention Centre is located.

Course of action

When the person is surrendered to the ICC, the Pre-Trial Chamber will hold a hearing in the presence of the person to satisfy itself that the person has been informed of the crimes, which he is alleged to have committed, and of his rights under the Rome Statute.

This includes the right to apply for interim release pending trial.

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Within a reasonable time after the person’s surrender or voluntary appearance, the Pre-Trial Chamber will hold a hearing to confirm the charges on which the Prosecutor intends to seek trial.

But exceptionally, “the Pre-Trial Chamber may hold this hearing in the absence of the person charged,” it said. Then at the close of the confirmation hearing the Pre-Trial Chamber may:

• Confirm the charges and commit the person for trial. Upon confirmation, the Presidency of the Court will constitute a Trial Chamber responsible for subsequent proceedings.
• Decline to confirm the charges, a decision that does not prevent the Prosecutor from returning with a subsequent request on the basis of additional evidence.
• Adjourn the hearing and ask the Prosecutor to consider providing further evidence or to pursue further investigation or, alternatively, to amend the charges because the available evidence shows a different crime.

The trial will take place at the seat of the Court, in The Hague, unless otherwise decided. The accused must be present at the trial, and the trial shall be held in public except when the Chambers, in order to protect safety of victims and witnesses or sensitive information to be given in evidence, determines to conduct certain proceedings in closed session.

READ: Bringing perpetrators to justice: The extent of what the ICC can do

“When an accused makes an admission of guilt, the Trial Chamber will consider the admission of guilt, together with any additional evidence presented and may convict the accused of that crime,” it said.

However, it may consider that “a more complete presentation of the facts of the case is required in the interests of justice, in particular the interests of the victims,” and request additional evidence to be adduced or that the trial be continued under the ordinary trial procedures.